League of Women Voters of California, and Pacifica Foundation, and Henry Waxman v. Federal Communications Commission

Appellants in this attorneys’ fees appeal are the successful litigants in a federal court action challenging the constitutionality of 47 U.S.C. § 399 (a), later styled 47 U.S.C. § 399 , which regulated certain activities of noncommercial broadcasting stations. The plaintiffs filed the underlying action in federal court in 1979, and the Supreme Court in Federal Communications Commission v. League of Women Voters of California, 468 U.S. 364 , 104 S.Ct. 3106 , 82 L.Ed.2d 278 (1984), held that the provision violated the first amendment.

The plaintiffs sought attorneys’ fees following the district court’s original ruling in their favor. League of Women Voters of California v. Federal Communications Commission, 547 F.Supp. 379 (C.D.Cal.1982) . The district court denied the request, holding that the government’s position was “substantially justified” so as to preclude the award of fees under 28 U.S.C. § 2412 (d)(1)(A). League of Women Voters of California v. Federal Communications Commission, 568 F.Supp. 295 (C.D.Cal.1983) . The appeal to this court from that denial was stayed pending completion of the Supreme Court proceedings. We now review the district court’s order denying…